Law Commons^™

Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick

Michigan Journal of International Law

Transcript of a panel on Europe in 1992.

Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg

Michigan Journal of International Law

Since the mid-1950s, the economies of Korea and Taiwan have achieved remarkable results, with annual growth rates of ten percent not unusual in some years. During the past couple of decades, they have relied heavily on export trade, particularly with the United States, to maintain rapid growth rates and continued economic development. In 1988, for example, Korea and Taiwan enjoyed a combined trade surplus with the United States of $21.6 billion on total trade of $68.4 billion.

The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer

Michigan Journal of International Law

This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.

Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott

Michigan Journal of International Law

This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …

National Treatment Obligations And Non-Tariff Barriers, John H. Jackson

Michigan Journal of International Law

This article explores the national treatment obligation of GATT, explains some of its difficult applications, and analyzes how the obligation has been affected by some of the agreements completed in the Tokyo Round of negotiations (1973-1979).

The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker

Michigan Law Review

The Commission and the Council have found that the steel industry of the Community is facing a "manifest crisis" within the meaning of article 58 of the European Coal and Steel Community (ECSC) Treaty. Factors that have led to this crisis include structural peculiarities of the steel industry, an increase in production costs, a decrease in demand for steel and steel products, and the resulting excess capacity in steel mills. A majority of the Member States have attempted to protect their national steel industries from the economically mandated cutback in production capacity through substantial subsidization. International competition has thus degenerated, …

Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson

Michigan Journal of International Law

Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …

Implementing The Tokyo Round: Legal Aspects Of Changing International Economic Rules, John H. Jackson, Jean-Victor Louis, Mitsuo Matsushita

Michigan Law Review

International economic and political interdependence has increased dramatically since the close of World War II. We now watch foreign wars on our living room television sets, move billions of dollars worth of funds across national borders daily, and feel the effects of political violence in the Mideast throughout our domestic farmlands. A corollary to economic and political interdependence, however, is the less visible but equally pervasive problem of legal interdependence. Any attempt, in the contemporary world, to create new international rules or institutions necessarily depends on the national legal and constitutional systems of a number of countries. This Article analyzes …

Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen

University of Michigan Journal of Law Reform

This Note argues that greater appreciation for the nature and importance of national treatment obligations will compel tribunals fashioning antitrust relief to provide more suitably for foreign firms, and thus avoid straining international trade relations. Moreover, because antitrust relief and national treatment objectives are mutually reinforcing, greater recognition of national treatment requirements should improve remedial orders from the standpoint of antitrust economics. Meeting national treatment requirements should place little added burden on the antitrust tribunal; it must merely extend impartial economic analysis to all market suppliers, not just domestic firms.

This Note explores methods to ensure that antitrust relief orders …

Anti-Dumping Law In A Liberal Trade Order, Michigan Law Review

Michigan Law Review

A Review of Anti-Dumping Law in a Liberal Trade Order by Richard Dale

Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang

Michigan Journal of International Law

It is the purpose of this article to discuss the policies and goals of the efforts of the European Communities to regulate multinational corporate concentration. For reasons that will become clear in the course of the article, it is necessary to start by outlining the means available to the European Communities, both presently and potentially, to promote these policies. It is not possible to see what those policies might be or how they are likely to develop without understanding the practical implications of the various legal rules on which the Community might rely in the future. This article does not …

Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review

Michigan Law Review

In Etat Belge v. S.A. "Fromagerie Franco-Suisse Le Ski," the Supreme Court of Belgium was faced with a conflict between a provision of the European Economic Community (EEC) treaty and a domestic law enacted subsequent to Belgian ratification of the treaty. The traditional approach in Belgium--and, incidentally, the rule in the United States--had been to give effect to whichever was enacted later in time. Although not stated explicitly in any constitutional provision, this rule had been well settled in Belgium.

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

Consular Officer's Amenability As Witness, Stephen J. Werber

Law Faculty Articles and Essays

The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.

International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen

William & Mary Law Review

No abstract provided.

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …

Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright

Indiana Law Journal

No abstract provided.

Tratado De Reciprocidad Comercial Entre La República De Cuba Y Los Estados Unidos De América, Cuba, United States

Cuban Law

Firmado en la Habana el 11 de Diciembre de 1902. Aprobado por el Senado de Cuba en 28 de Marzo de 1903 y por el Congreso Americano el 16 de Diciembre del mismo ano. - En Espanol e Inglés - ( Se publicó en la "Gaceta Oficial" el 18 de Diciembre de 1903).